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Compliance and Enforcement Quick Finder

 

Storm Water

The Water Enforcement Branch is responsible for reviewing compliance by Industrial Facilities (including construction sites) with the storm water regulations and the NPDES permitting program.

Please contact these enforcement staff regarding compliance and enforcement issues. 

If you do not have a storm water permit and need to find out whether you need a permit or how to obtain a permit, please see the EPA Region 6 Water Quality Protection Division's NPDES Permits Branch web page. If you would like to order copies of any of the storm water permits, DMRs or accompanying literature, please phone the Office of Water Resource Center at (202) 260-7786. However, all of these documents you can find on our storm water forms and documents web page. If you would like to inquire on the status of your permit application or find out what your storm water permit number is, you may phone the Notice of Intent (NOI) Processing Center at (866) 352-7755 or go to the Storm Water Database Web Page.  The Office of Water at Headquarters in Washington, DC, has a Storm Water web page. 

EPA has re-issued the storm water Construction General Permit (CGP), which expired July 1, 2008, for a two-year time period. The permit will apply only where EPA is the NPDES permitting authority. In EPA Region 6, this will apply to New Mexico, Indian Country Lands, and certain oil/gas operations in Texas and Oklahoma.

The CGP regulates the discharge of storm water from construction sites that disturb one acre or more of land, and from smaller sites that are part of a larger, common plan of development. The permit requires operators of the construction sites to use storm water controls and develop storm water pollution prevention plans to minimize the discharge of sediment and other pollutants associated with construction sites in storm water runoff.

Under the re-issued permit, new dischargers include new construction sites that start construction on or after the effective date of this permit and those that have already started construction, but do not have coverage under the 2003 CGP. Sites that have coverage under the 2003 CGP must continue to comply with the provisions of that permit and do not need to apply for coverage under this new permit.

The permit uses most of the same terms and conditions as EPA's 2003 permit. EPA is coordinating the permit with a second effort that is underway to establish national clean water standards, known as an effluent limitation guideline, for the construction and development industry. Upon finalization of the guideline, EPA plans to include its provisions into a new and improved five-year CGP to be reissued no later than July 2010.

For more information on the Construction General Permit: www.epa.gov/npdes/stormwater/cgp

EPA Region 6 has issued our first small Municipal Separate Storm Sewer System general permit and it covers discharges in New Mexico and Indian Country lands in New Mexico and Oklahoma. More information is available on the EPA Region 6 Water Quality Protection Division's Small MS4 web page.

The 10th Annual EPA Region 6 MS4 Operator's conference will be held the week of July 14, 2008, in Waco, Texas.

The Texas Commission on Environmental Quality (TCEQ) has reissued their Storm Water Multi-Sector General Permit with an effective date of August 14, 2006. More information is available on their MSGP web page.Exit EPA Disclaimer

The TCEQ Small MS4 General Permit was issued August 13, 2007 (TXR040000).


The Multi-Sector General Permit (MSGP) for stormwater discharges associated with industrial activity, issued in October 2000, expired at midnight on October 30, 2005. A new permit to replace it has not been issued. Facilities who obtained coverage under MSGP 2000 prior to this expiration are automatically granted an administrative continuance of permit coverage. The administrative continuance will remain in effect until a new permit is issued. Those facilities already covered under MSGP 2000 must continue to implement their stormwater pollution prevention plans (SWPPPs) and comply with all requirements in the MSGP 2000.

Facilities that did not obtain coverage under MSGP 2000 prior to expiration will not have general permit coverage available until a new permit is issued. Those facilities may not submit Notices of Intent (NOI) for coverage under MSGP 2000 because that permit has expired. Operators of those facilities should develop and implement stormwater pollution prevention plans as described in MSGP 2000. A new facility may submit an individual permit application to the EPA Regional Office responsible for the area in which the facility is located (EPA Region 6 Water Quality Protection Division - NPDES Permits Branch).

Memo providing reduced enforcement for those complying with the previous permit but for which cannot obtain permit coverage under the new permit is issued.

At this time EPA expects a new Multi-Sector General Permit to be finalized in early 2006. At that time all facilities desiring coverage under MSGP 2006, including those with an administrative continuance under MSGP 2000, will need to submit Notices of Intent indicating that they meet the eligibility requirements described in the new permit.

Please watch this site for additional information on the MSGP, including notice of availability of the proposed MSGP 2006 for public comment.

The Texas Commission on Environmental Quality initiated a Field Citation pilot program effective March 13, 2006. This citation program includes several areas of environmental compliance, including storm water industrial sites. More information can be found on the State's web page at www.tceq.state.tx.us/compliance/field_ops/citation/field_citation.html.

EPA provided grant funding for the development of a January 2006 guidance policy for Municipal Storm Water Funding: www.nafsma.org/Guidance%20Manual%20Version%202X.pdf.

Announcement: New Release of EPA's Compliance Assistance Guide for the Construction Industry

EPA’s Office of Compliance has just published the Managing Your Environmental Responsibilities: A Planning Guide for Construction and Development (the MYER Guide). This assistance tool reflects significant input from stakeholders and is a product of joint effort by the industry, states, other federal agencies, non-governmental organizations and EPA.

The MYER Guide contains two different sets of checklists and detailed discussion/case studies on major environmental areas (including stormwater) affecting the construction industry. It is designed to help the construction industry understand which environmental regulations apply to them, and it can be used during different phases of a construction project. The industry can use the Guide at the Pre-Bid phase to learn about the applicable environmental requirements, so appropriate costs can be taken into consideration early. The industry can also use the responsibility-assignment checklist during the Pre-Construction phase to facilitate allocation of environmental responsibilities to all parties before breaking ground. In addition, the readers will find answers to many environmental questions and can conduct self audits by using the self-audit checklists, included in Part II of the Guide, during the Construction phase.

The MYER Guide is designed so that each of the checklists and chapters can be pulled out and used in the field. You can obtain an electronic copy of the guide at http://www.cicacenter.org/links or a hard copy at no cost from the National Service Center for Environmental Publications (NSCEP) at (800) 490-9198 or visit http://yosemite.epa.gov/ncepihom/nsCatalog.nsf/SearchPubs?OpenForm&CartID=9657-113711. Please specify document number EPA305-B-04-003 when you request a copy.

Oil & Gas Construction:

Final Rulemaking for Regulation of Oil and Gas Construction Activities

Publications Summer 2004:

eNOI Announcing eNOI: You can now file your Notice of Intent (NOI) application for NPDES storm water permit coverage electronically through the internet at http://cfpub.epa.gov/npdes/stormwater/enoi.cfm. The eNOI database is only for NPDES applications where EPA is the NPDES permitting authority. If you have questions about this database, you may contact our NOI Processing Center contractor, CTGI, at (866)352-7755. You can also view NOI's online to check on permitting status at http://cfpub.epa.gov/npdes/stormwater/noi/noisearch.cfm.
Public Notice

Public Notice: The NPDES Class I Expedited Settlement Offer (ESO) penalties for violations at construction sites are now being public noticed on the web at: www.epa.gov/region6/6en/w/public-notice.htm.

EPA has developed a clearinghouse of compliance assistance tools to assist the regulated community.

2003 Construction General Permit

EPA Region 6 reissued the General Permit for Storm Water Discharge from Construction Activity. The permit was signed by Region 6 and published Tuesday, July 1, 2003, in the Federal Register [68 Fed. Reg. 39087]. You may obtain the new permit at www.epa.gov/npdes/stormwater/cgp or you may phone the Office of Water Resource Center at (202)566-1729 to have a copy mailed to you.

Storm Water Phase 2

Compliance with Phase 2 NPDES construction permitting took effect March 10, 2003, bringing sites of 1 to 5 acres into the NPDES program. The Assistant Administrator for enforcement issued a memo on March 7, 2003, regarding Construction General Permit Enforcement. This policy primarily addresses areas where EPA is the NPDES permitting authority and there is no storm water construction general permit available. This does not apply to areas where EPA Region 6 is the permitting authority because the EPA Construction General Permit did not expire until July 6, 2003. Additionally, the current general permit is available for those Phase II construction operators who are in control of sites of 1 to 5 acres.

EPA is the NPDES permitting primarily in New Mexico, Indian Country lands, and the oil & gas industry for Texas and Oklahoma. Texas, Oklahoma, Louisiana and Arkansas have all assumed the NPDES program (see below) and are the primary agency in those State's for obtaining NPDES permits. Texas recently assumed the NPDES Storm Water Construction program and issued their first NPDES Construction General Permit on March 5, 2003. Please visit the Texas Commission on Environmental Quality's Storm Water Construction web pageExit EPA Disclaimer for more information. If TCEQ is your NPDES permitting authority, you have 90 days (until June 3, 2003), to apply for and be in compliance with the new TCEQ Construction general permit. If you are covered by the EPA Region 6 Construction general permit, it is recommended that you submit a Notice of Termination to EPA's NOI Processing Center once you are notified of coverage unde the TCEQ general permit.

See the Construction Hot Topics web page or the Phase 2 Storm Water requirements for more information.

A proposed rule was published Dec. 30, 2002, that basically grants a 2 year extension for NPDES compliance to the Oil and Gas Construction Activities that disturb 1-5 acres. [67 Fed. Reg. No. 250, p. 79828-32]. The rule was finalized as published on March 10, 2003 at 68 FR 11325, and codified at 40 CFR 23.2.

Storm Water Phase II Effluent Guidelines and New Source Performance Standards for the Construction and Development Category; Proposed Rule was published on June 24, 2002 [67 Fed. Reg. No. 121, p. 42643-42686]. This same regulation is available in Adobe Acrobat PDF file format (better for printing).

Announcing: The NOI Processing Center Hotline Phone number is (866) 352-7755. Please use this number to inquire on the status of a Notice of Intent application or a Notice of Termination. This Hotline is operated by an EPA contractor who processing these applications. Please contact EPA directly if you have permitting or enforcement issues.

The NOI Processing Center mailing address is: Storm Water Notice of Intent (4203M), US EPA - Ariel Rios Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460. However, the physical address is different in case you send the package via an express messaging service: Storm Water Notice of Intent, US EPA - ICC Building, 1201 Constitution Ave., NW, Room 7329, Washington, DC 20004 for NOI Center. You are strongly enocuraged to send Notice of Intent applications by certified mail.

Multi-Sector General Permit 2000 issued October 30, 2000, expired October 30, 2005, and administratively extended until reissuance of the replacement general permit. EPA issued this general permit for storm water discharges associated with industrial activity and it was published in the Federal Register [65 Fed. Reg. No. 210, 64746-64880]. Eligible applicants may use the new Notice of Intent application form. The new permit is easier to understand and one fourth the size of the 1995 permit it replaces and offers coverage for discharges in New Mexico; Indian Country Lands in Texas, New Mexico, Oklahoma, and Louisiana (there are no Indian Country lands in Arkansas); and for certain oil and gas operations in Oklahoma and Texas. Those with coverage under the 1995 MSGP had until January 29, 2001, to submit their Notice of Intent application to EPA.

TCEQ Takes Over the Multi-Sector General Permit for Texas:

On Sept. 27, 2001, Texas took over administration of the expiring Multi-sector General Permit (MSGP) for those discharges under the authority of the Texas Commission on Environmental Quality(TCEQ). This includes storm water discharges except those on Indian Country lands; or industrial activities in SIC codes 1311, 1321, 1381, 1382, and 1389 (other than 1389 oil field service company "home bases" which are under TCEQ authority).

The Commissioners of the Texas Commission on Environmental Quality approved the general TPDES permit replacing the 1995 EPA MSGP. It covers eligible storm water and certain non-storm water discharges from industrial facilities. The permit was signed on Monday, August 20, 2001, and is therefore issued and effective on that date. You can find out more information on their industrial storm water permits web page at: www.tnrcc.state.tx.us/permitting/waterperm/wwperm/industry.htmlExit EPA Disclaimer.

Phone numbers for contacting the TCEQ regarding storm water permits is: Hotline for general information and transition of the MSGP: 512-239-3700 Technical questions only: 512-239-4433

The general storm water web page for TCEQ's storm water program is http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdestorm.htmlExit EPA Disclaimer

The 1998 National Water Quality Inventory Report to Congress (1998 305b Report) has been released and is up on the web at http://www.epa.gov/305b/98report/: Urban Runoff/Storm Sewers is listed as the second leading source of impairment in estuaries and the third leading source of impairment in both rivers and lakes. Only about 5% of ocean shorelines were assessed, but of those assessed which were found to be impaired, over 60% of the impairment was due to urban runoff/storm sewers

Announcing:  Phase II of the Storm Water Regulations took effect February 7, 2000. 

No Exposure Certifications - Phase II of the regulations also allow industrial activities (except construction) that do not have exposure to storm water, to be exempted from the NPDES permitting if they correctly complete a "No Exposure Certification" and submit it to the NPDES permitting authority.  The effective date of this exemption takes place on February 7, 2000.  Under Phase I of the storm water regulations, category 11 facilities [40 CFR 122.26(b)(14)(xi)] did not have to obtain NPDES storm water permit coverage if they did not have exposure of their industrial activity to storm water.  Under Phase II, these facilities may remain exempted from the NPDES permitting authority.  However, they are now required to submit the "No Exposure Certification" form to the NPDES permitting authority.  Failure to either obtain an NPDES storm water permit or else submit a "No Exposure Certification" for category 11 facilities is a violation of the Clean Water Act effective February 7, 2000.   Please read the "No Exposure Certification" instructions very carefully to determine whether your facility is eligible.  Additionally, you may want to utilize the guidance for No Exposure Certification issued by the Office of Water in July 2000.  An incorrect interpretation may subject facilities to civil penalties. 

Assumption of the NPDES Program in EPA Region 6:

In many of the States, the Federal NPDES permitting, outreach and enforcement programs for storm water have been delegated to the State. In these cases, the State can issue NPDES permits and take enforcement action. EPA Region 6 has four such States and they are Arkansas, Louisiana (except Indian lands), Oklahoma (except for Agriculture, Indian lands and "Oil & Gas and Pipeline facilities" (SIC code 1300's with the exception of both 1321 and 1389 where the discharges are not associated with an exploration or production site)) and Texas (except those on Indian Country lands; or industrial activities in SIC codes 1311, 1321, 1381, 1382, and 1389 (other than 1389 oil field service company "home bases" which are under TCEQ authority). These States issue storm water permits for their industries and have primacy in enforcement actions. If you need to obtain a permit, ask a question or file a complaint in a State run NPDES program, please contact the State directly.

The Arkansas Department of Environmental QualityExit EPA Disclaimer (ADEQ) contacts are Kim Fuller, ( 501)682-0621, and Derrick Brown, ( 501)682-0627. 

The Louisiana Department of Environmental QualityExit EPA Disclaimer (LDEQ) permit contact are Darlene Bernard, (225)219-3112, and Jan Cedars, (225)219-3098. The LDEQ enforcement contact is Mr. Chris Piehler, (225)219-3609.

Louisiana assumed NPDES permitting authority on August 27, 1996 [61 Fed. Reg. 47932] with the exception of Indian lands.

The Oklahoma Department of Environmental QualityExit (ODEQ) storm water contacts are Afsaneh Jabbar, (405)702-8183, and Ed Dihrbert, (405)702-8184.  ODEQ has a storm water web page that can be found at http://www.deq.state.ok.us/WQDnew/stormwaterExit EPA Disclaimer.  

Oklahoma assumed NPDES permitting authority on November 19, 1996 [61 Fed. Reg. 65047] with the exception of Agricultural (e.g. Feedlots), General Permits, Indian lands and "Oil, Gas and Pipeline facilities" (SIC code 1300's with the exception of both 1321 and 1389 where the discharges are not associated with an exploration or production site).  Oklahoma statutes were amended (July 1, 1997) to allow ODEQ general permitting authority.  ODEQ's NPDES general permitting program was approved by EPA on September 11, 1997 [62 Fed. Reg. 53002]. 

It was announced on September 14, 1998, that the State of Texas assumed the NPDES program and will be implemented by the Texas Commission on Environmental QualityExit (TCEQ). Until the expiration of the EPA issued NPDES storm water general permits in Texas, the application process will remain the same as set forth in those permits with NOI applications still being submitted to Washington (Multi-Sector General Permit (MSGP) expired on September 29, 2000, and the Construction General Permit expires on July 6, 2003).  The TCEQ has asked to assume enforcement of the NPDES storm water  general permits at the time that they issue new permits, which is scheduled to happen when the MSGP (see above) and Construction general permits expire.  The TCEQ is currently the NPDES storm water permitting authority and any new individual NPDES storm water permits need to go through the TCEQ TPDES permitting process.  The TCEQ Storm Water hotline is (512)239-3700. For storm water technical questions of TCEQ, call (512)239-4433. Effective September 27, 2000, the TCEQ assumed the non-construction portion of the storm water general permitting and administratively extended the Multi-Sector General Permit per the permits instructions until the permit is issued and applicants follow the instructions in that permit to obtain TPDES permit coverage. The assumption of this program by TCEQ is for all areas of Texas except: 1) discharges on Indian Country lands; and 2) industrial activities in SIC codes 1311, 1321, 1381, 1382, and 1389 (other than 1389 oil field service company "home bases" which are under TCEQ authority). TCEQ issued their first TPDES Construction General Permit on March 5, 2003, and they began implementing the storm water construction program as of that date..

New Mexico has not assumed the NPDES storm water program and EPA directly implements the NPDES program in New Mexico. However, New Mexico does have staff that handle storm water related issues for the State. The New Mexico Environment DepartmentExit storm water contact is Mr. Richard Powell and his phone number is (505)827-2798. 

The U.S. Congress made provisions in the Clean Water Act for Citizen Suits whereby citizens, citizen groups and local or State governments may enforce civil provisions under the Act through the Federal court system.  

Storm Water Background information

Storm Water Hot Topics

Storm Water Forms, Documents, Permits, Guidances

Storm Water Non-EPA Web Links

Storm Water Databases

Office of Wastewater Management - Storm Water

Storm Water - Phase 2 Regulations

MS4 Operator's Web Page

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